High Court hears challenge to NSW parliamentary arrest powers involving premier’s chief of staff

James Cullen, chief of staff to the NSW premier, has taken the NSW Parliament’s arrest-warrant provisions to the High Court, arguing they breach constitutional principles. The dispute arose after Cullen declined to appear before a committee investigating a leak of confidential minutes, prompting the Legislative Council president to seek a Supreme Court warrant under sections 7-9 of the Parliamentary Evidence Act 1901. The NSW Court of Appeal previously ruled those 19th-century powers non-existent, a decision Cullen challenged.

The High Court panel, led by Chief Justice Stephen Gageler, heard arguments from barristers representing the president, the Commonwealth, South Australia, the Northern Territory and a Liberal MLC. Legal scholars highlighted the tension between judicial independence and parliamentary authority, while the state’s clerk warned that the ruling has already emboldened witnesses to refuse attendance, costing taxpayers hundreds of thousands of dollars in legal fees.